Minnesota Indians seek enforcement of nuclear waste deal

By Ann de Rouffignac
OGJ Online Staff

HOUSTON, May 14 -- Legislation was introduced Monday in the Minnesota State Legislature to extend the operating life of Xcel Energy Inc.'s nuclear plants in the state.

The bill would lift all state imposed limits on storing high level nuclear waste at the Prairie Island nuclear plant site immediately adjacent to an Indian community. The plant can't operate without facilities to store high level waste because it has already exhausted its spent fuel pool storage facilities.

The aboveground dry cask storage capacity will be exhausted in 2007, said Scott Northard, nuclear assets manager for Xcel Energy. In 1994, the state of Minnesota limited storage to 17 casks and promised the Prairie Island Indian community who reside adjacent to the site no more waste would be stored on the island. The Indians, concerned about the safety of the waste storage, were made a third-party beneficiary to the 1994 agreement and given standing to enforce the agreement.

Eventually, the waste is supposed to be transferred to a federal permanent storage site in Nevada. But that site has been in development for decades and dates for operation have been postponed year after year because of opposition by Nevada and other western states.

The new legislation would lift all state limits to storing nuclear waste at the Prairie Island site. The Nuclear Regulatory Commission authorized as many as 48 casks at the site.

"We expect Xcel to live up to the promise it made in 1994," said Audrey Kohnen, president of the Prairie Island Tribal Council. "We have a responsibility to our tribal members to protect their health and safety. That means holding Xcel and lawmakers to the agreement they made with our community."

The Indians acknowledge the energy crisis and a need for more power in the state will make their fight against having more waste stored near their homes very difficult. Negotiation will be vital if litigation is to be avoided, said Jake Reint, council spokesman.

Reint said tribal members' houses are literally 600 yards from the power plant and storage site. He notes that there is only one road off the island that is often blocked by a freight train. The tribal council is seeking an additional road off the island. Cancer has afflicted most Indian households on the island striking both young and old family members, he said.

While the council doesn't know what caused the health problems, the Indians want a federally funded health study to rule out any environmental causes of this disease, said Reint. The council is also asking for relocation packages for tribal members who want to leave the island.

"That's a very tough issue, since the island is their ancestral home," said Reint.

The sponsors of the bill, State Sen. Mark Ourada (R-Buffalo) and Rep. Loren Jennings (D-Harris), said the "pending energy shortage in Minnesota makes timely action on their legislation a critical priority next year."

Xcel said it is not "involved" in the legislation and did not help author the bill. But officials acknowledged that without this legislation the nuclear plant units will probably have to shut down in 2007.

"It is our hope that whatever happens, the concerns of the tribe are considered and they are involved in the legislation," said Northard. "We are encouraging dialogue with the plant's neighbors."

Nevertheless, the company is weighing whether to apply for an extension to the operating license beyond the original expiration date. The current license expires for Unit 1 and 2 in 2013 and 2014, respectively.

"We have not made a decision yet to apply for license renewal, but if the plants are operating efficiently and safely that is an option we will consider," said Northard.

Unless the federal waste storage site is open for business, renewing the plant license will require more waste to be stored on site, which is next door to the Indians.

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